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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80238
Experience:  Over 5 years in practice
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I ordered a concrete fire pit online and received delivery.

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Hi,
JA: Hi. How can I help?
Customer: I ordered a concrete fire pit online and received delivery. The quality is really poor with brown marks all over the sides. The company I bought it from are now not answering my phone calls and they have sent an email stating that is the look of the concrete which is not how it was on the photos on the website. I would like it replaced or a refund as in its current state if is useless
JA: Where is this? And just to clarify, when was the purchase made?
Customer: The company is based in Nottingham called Designer Concrete and they delivered to my house in Bolton. The order was put nearly 2 months ago
JA: What steps have you taken so far?
Customer: I have tried to call them over 10 times and it just goes to voicemail. I have requested via several emails for someone to contact me but again they have made no attempts. They just respond by stating that fire pit is not faulty and that’s the look of the product which I have showed several people and all agree that it’s been sent in a pitiful state
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: nothing really apart from the fact that I paid for the item in full up front and with hindsight I really shouldn’t have I can send photos of the fire pit if required

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Jo C., Barrister
Category: Law
Satisfied Customers: 80238
Experience: Over 5 years in practice
Jo C. and 5 other Law Specialists are ready to help you
Customer: replied 7 days ago.
Hi Jo,What should be next course of action?
Customer: replied 7 days ago.
Can you call after 2.15pm please?
Customer: replied 7 days ago.
Hi, please can you let me know when the phone call will take place?

I have been asked to look at this for you.  I will call you shortly, but meanwhile, I need some more information from you please.

How long have you actually had it for?

What did it cost?

Photographs will be really useful please.  Thank you

Customer: replied 7 days ago.
Order was placed on 17th April and delivered on 2nd June. It cost £2100
Customer: replied 7 days ago.
How can I attach photos as I took them as soon as I was able to
Customer: replied 7 days ago.
I meant I have photos but don’t know how to send them to you

The pages which I see are different than yours.

Sometimes there is an up arrow for upload, sometimes a paperclip, and sometimes there is a link at the end of the reply box.

Customer: replied 7 days ago.
There is an arrow in the reply box but nothing is happening when I click to attach unfortunately. I can forward them via email?

Can I see the advert as well please?

I’m not allowed to give email address out.  I will call you now

It was good to talk.

You need to write to them (email is fine) telling them that you have now taken advice in respect of this and that they have until (say) 4 PM on Friday, 18 June 2021 to come up with a satisfactory proposal to reimburse you in full and collect the item within the fortnight thereafter failing which you will issue Small Claims Court proceedings without further notice on the basis that they are:

In breach of the provisions of the Consumer Rights Act 2015 in that the item is

not as described

Of unsatisfactory quality.

Whilst you accept that there may be variations in the grey you do not accept that the variations in the grey would amount to brown.  If you had wanted grey and brown you would have asked for it.  Further, whilst the image on the website does show variations in the colour of the concrete, it does not show any brown.

They are unlikely to agree to take it back in which case you are going to end up issuing Small Claims Court proceedings.

The new Moneyclaim beta system is easy to use: https://www.gov.uk/make-money-claim

the new system is much better than the old government Gateway system.

You can prepare the proceedings now, at your leisure, save them, and then just pay the fee and press the button when the deadline in your letter before action, expires.

It's then just a case of following the court process and responding to any emails that you receive.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 7 days ago.
Thank you Stuart, you were a great help. As I said I’m not an unreasonable guy but the product is not as described and the after sales service has been non existent and downright rude!

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
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